HELP PLEASE!!!!!

[m15]

HELLO EVERYONE
WE HAVE FINISHED FILLING IN THOSE LONG WINDED BR FORMS. I HAVE CALLED THE COURTS AND ASKED WHEN WE CAN COME TO HAND THEM IN, AND THEY ADVISED THEY WOULD CALL BUT THEY SAID WE WERE LOOKING AT JULY BEFORE WE WOULD GET IN TO HAND THEM IN.
WHICH MY CONCERN IS WE HAVE ALREADY MISSED LOADS OF CREDIT CARD PAYMENTS AND 3 MONTHS WORTH OF MORTGAGE AND SECURED LOAN WITH PICTURE.
SHALL I PHONE MY MORTGAGE AND PICTURE LOAN TO ADVISE WE ARE GOING BANKRUPT . AS WE ARE GETTING CALLS ALL DAY FROM PICTURE. AND WE HAVE LEFT THE HOUSE NOW SO WE COULD GIVE THE KEYS BACK.
ALSO CONCERNED THAT IF WE DO TELL THEM THEY MIGHT START COURT PROCCEDINGS BEFORE US AND WE MIGHT GET A BPO.
THANK YOU.
XX

[facingittogether]

hi

sorry i am not an expert and cannot answer yourquestions!

just taking it back to the top and hopefully a expert will see your post and advise you!

good luck

barb x

[Adam Davies]

Hi
It is normally at the three month stage that your mortgage company will start repossession proceedings.
You have nothing to worry about,your debts will all be engulfed by your bankruptcy.
You could phone the court every so often to see if they have a cancellation
By the way what is a BPO ?
Regards

[m15]

SORRY I MENT PAYMENT ORDER. SO SHOULD I PHONE ANY OF THEM TO ADVISE WHAT WE ARE DOING.
THANK YOU.
XX

[ianmillington]

It will do you no harm to advise the creditors of what you are doing.

Has the Court actually given you a date/appointment for filing the papers? If not, don't you run the risk of getting precisely the same result in July when you turn up?

Here is what Insolvency Rule 6.42 says

6.42.— Procedure for presentation and filing
(1) The petition and the statement of affairs shall be filed in court, together with three copies of
the petition, and one copy of the statement. No petition shall be filed unless there is produced with it the receipt for the deposit payable on presentation.
(2) Subject to paragraph (2A), the court may hear the petition forthwith. If it does not do so, it shall fix a venue for the hearing.


That suggests to me that the Court cannot stop you filing your petition (which will itself give you some legal protection) but if it is busy it will simply hear it at some time in the future.

HTH

Ian

[m15]

SORRY TO BE A PAIN WHAT DO YOU MEAN .

[ianmillington]

Basically what I am saying is that whilst the Court may not be able to hear the petition (ie make the BO straight away) that should not stop you filing the petition today (so long as you have paid the fee!) and the Court fixing a hearing date for (say) July.

The Court "may" hear the petition forthwith (straight away) but doesn't have to. It probably won't nowadays because the Court is too busy. However, until the petition is presented you have no protection against legal action and in the worst case scenario bailiffs could seize all your assets and there is nothing you can do. If a petition had been presented however the action can be stopped or when the BO is made declared void. For that reason the court ought not to stop you filing immediately even if it can't hear it till July.

Ian

[Soulgrowth]

That's amazing! Perhaps a sign of things to come?

Debbie

[ianmillington]

I think it is just a symptom of the pressure the Court System is under, Debbie, in dealing with the huge number of personal insolvencies, that the system wasn't really designed for. That is why there are plans to substantially reduce the Court's involvement in the future on some of the smaller cases.

I suspect that M15s problem stems from not knowing the right questions to ask, which is totally understandable. If M15 had been accompanied by a solicitor I suspect the petition would have been filed and a date set for hearing, which is what the law envisages anyway - the instant hearing is optional because of the use of the word "may" in Insolvency rule 6.42 (1).

I'm just concerned that if the Bankruptcy Clerk has simply turned M15 away, without allocating time to the petition, we might see the same situation in July, when the next attendance is made. You know me, belt and braces! Andy's suggestion is a sensible compromise, keep in touch with the bankruptcy clerk, but if in the meantime any creditor starts talking about a charging order, there is no protection at all until the petition is presented, and so there will have to be a re-think.

Ian

[m15]

THANK YOU FOR YOUR HELP.
I HAVE PHONED THE COURT TODAY AND SHE IS HOPING TO GET ME IN IN JUNE NOW SHE IS GOING TO CALL ME BACK SHE WAS VERY HELPFUL. FINGERS CROSSED .
THANKS AGAIN.
XX